President Donald Trump has recently ordered an investigation into the alleged misuse of an autopen by officials in the Biden administration. The investigation will focus on whether there was unlawful exercise of presidential power by using an autopen without President Joe Biden’s direction.
In a memorandum signed by Trump on June 4, he directed his administration to look into “whether certain individuals conspired to deceive the public about Biden’s mental state and unconstitutionally exercise the authorities and responsibilities of the President.” The investigation aims to determine if Biden’s aides used an autopen to conceal his cognitive decline and assert Article II authority.
The Department of Justice will also be involved in determining whether Biden authorized the use of an autopen for signing presidential actions during his term. If evidence is uncovered that Biden was not involved in key decisions, Republicans could potentially claim that some of his executive actions are invalid under the law.
The White House cited longstanding public reports questioning Biden’s mental acuity and fitness for office. It mentioned Special Counsel Robert Hur’s investigation into Biden’s alleged mishandling of classified documents, which concluded without going forward due to Hur’s ruling that Biden’s mental state precluded him from standing trial.
The fact sheet also highlighted how Biden’s advisers restricted his news conferences and media appearances, scripting his conversations with lawmakers, government officials, and donors. The investigation will specifically focus on whether there was unlawful misuse of an autopen, which was allegedly used to issue over 1,200 presidential documents, appoint 235 judges to the federal bench, and issue numerous pardons and commutations.
In 2005, the Justice Department ruled that a verbal or implied directive from the president makes it legal for a subordinate to use an autopen to sign a document on the president’s behalf, as long as it is executing the president’s intent.
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